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Relinquishment of AT&T-Corr Wireless ETC Designation in Alabama

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Released: November 21, 2013
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Federal Communications Commission

DA 13-2238

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Telecommunications Carriers Eligible for

)

WC Docket No. 09-197

Universal Service Support

)

)

Federal-State Joint Board on

)

CC Docket No. 96-45

Universal Service

)

)

AT&T Services, Inc., o/b/o New Cingular

)

Wireless PCS, LLC

)

ORDER

Adopted: November 21, 2013

Released: November 21, 2013

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:

1.

In this Order, we approve a request filed by AT&T Services, Inc. on behalf of its affiliate,

New Cingular Wireless PCS, LLC (f/k/a Corr Wireless Communications, LLC (Corr)) (collectively,

AT&T), to relinquish Corr’s eligible telecommunications carrier (ETC) designation in Alabama. The

relinquishment shall be effective on December 31, 2013.1

2.

Section 214(e)(6) of the Communications Act of 1934, as amended (the Act), authorizes

the Federal Communications Commission to designate a carrier as an ETC when a state commission lacks

jurisdiction.2

Section 214(e)(4) of the Act provides that the Commission shall permit an ETC to

relinquish its designation “in any area served by more than one” ETC so long as “the remaining [ETCs]

ensure that all customers served by the relinquishing carrier will continue to be served.”3

3.

The Wireline Competition Bureau designated Corr as an ETC on October 31, 2002, and

Corr’s Alabama designation was subsequently expanded in 2006 and 2008.4

On August 20, 2013, the

Wireless Telecommunications Bureau approved AT&T Inc.’s acquisition of Corr.5

1 See Notice of Relinquishment of Eligible Telecommunications Carrier Designation by AT&T Services, Inc., WC

Docket No. 09-197 and CC Docket No. 96-45 (filed Oct. 30, 2013) (AT&T Relinquishment Notice).

2 47 U.S.C. § 214(e)(6).

3 47 U.S.C. § 214(e)(4).

4 See AT&T Relinquishment Notice at 1-2; Federal-State Joint Board on Universal Service, Corr Wireless

Communications, LLC Petition for Designation as an Eligible Telecommunications Carrier, CC Docket No. 96-45,

Memorandum Opinion and Order, 17 FCC Rcd 21435 (Wireline Comp. Bur. 2002); Federal-State Joint Board on

Universal Service, Corr Wireless Communications, LLC Petition for Designation as an Eligible

Telecommunications Carrier, CC Docket No. 96-45, Order, 21 FCC Rcd 1217 (Wireline Comp. Bur. 2006); High-

Cost Universal Service Support; Federal-State Joint Board on Universal Service, Alltel Communications, Inc., et al.

Petitions for Designation as Eligible Telecommunications Carriers, WC Docket No. 05-337, CC Docket No. 96-45,

Order, 23 FCC Rcd 8834 (2008).

image02-00.jpg612x792

Federal Communications Commission

DA 13-2238

4.

Pursuant to section 214(e) of the Act, AT&T filed notice of its intent to relinquish the

ETC designation it holds in Alabama in study area code 259005.6

In its filing, AT&T demonstrates that

various carriers are designated as ETCs in the service area in which it seeks to relinquish Corr’s

designation.7

AT&T indicates that it will continue to offer service as a non-ETC in these areas.8

AT&T

also indicates that it will provide written notice to each of its current Lifeline subscribers, advising the

subscriber that although the company will discontinue providing Lifeline service, Lifeline discounts may

be obtained from another provider.9

AT&T states that the notice will inform customers that they will

receive courtesy credits in the amount of their Lifeline discounts for 45 days.10

Additionally, AT&T

indicates that if a former Corr Lifeline customer decides to obtain service from another provider, AT&T

will not impose an early termination fee on that subscriber.11

Based on these circumstances, we find it

appropriate to grant AT&T’s request to relinquish its designation.

5.

Accordingly, IT IS ORDERED that, pursuant to the authority contained in sections 1,

4(i), 5(c), and 214(e)(4) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i),

155(c), 214(e)(4), and the authority delegated in sections 0.91 and 0.291 of the Commission’s Rules, 47

C.F.R. §§ 0.91, 0.291, the ETC designation of New Cingular Wireless PCS, LLC (f/k/a Corr Wireless

Communications, LLC) in Alabama, as provided herein, IS RELINQUISHED, effective December 31,

2013.12

6.

IT IS FURTHER ORDERED that, AT&T SHALL TRANSMIT a copy of this Order to

the Alabama Public Service Commission and the Universal Service Administrative Company.

7.

IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission’s

rules, 47 C.F.R. § 1.102(b)(1), this Order SHALL BE EFFECTIVE upon release.

FEDERAL COMMUNICATIONS COMMISSSION

Kimberly A. Scardino

Chief

Telecommunications Access Policy Division

Wireline Competition Bureau

(Continued from previous page)

5 Applications of AT&T Inc. and Cellular South, Inc. for Consent to Assign Licenses Covering Parts of Alabama,

Georgia, and Tennessee, Memorandum Opinion and Order, 28 FCC Rcd 12328 (Wireless Telecom. Bur. 2013).

6 See AT&T Relinquishment Notice.

7 Id. at 2, Attach. A (providing a list of incumbent local exchange carrier ETCs providing service in Corr’s ETC

service area), Attach. B (providing a list of competitive ETCs providing service in at least part of Corr’s ETC

service area).

8 Id. at 2.

9 Id. at 2-3.

10 Id.

11 Id. at 3.

12 Effective December 31, 2013, the Universal Service Administrative Company shall discontinue the eligibility of

study area code 259005 assigned to New Cingular Wireless PCS, LLC (f/k/a Corr Wireless Communications, LLC).

2

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